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我国合同法第68条第69条规定了不安抗辩权,对比大陆法系的不安抗辩制度,我国有自己的特色,也有自己的不足,如何能使不安抗辩权更好的服务于合同的顺利交易的目的,是我国学者越来越关注的问题。本文在比较的基础上,着重评析我国合同法的优缺,试图发现问题,希望不久的将来,立专家们来解决问题,使不安抗辩的规定更臻完善。
Article 69 of Article 68 of China's Contract Law provides for the uneasy right of defense. Contrasting the system of restless defense in the civil law system, our country has its own characteristics as well as its own inadequacies. How can it enable the unsafe right of defense to better serve the smooth transaction of the contract? The purpose of our scholars is more and more concerned about the issue. On the basis of comparison, this article focuses on the analysis of the advantages and disadvantages of the contract law in our country and tries to find out the problems. I hope that in the near future, experts will be able to solve the problems and improve the provisions of the uneasy defense.